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Home My Public Portal About06/12/1987w COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I ARMOUR, Vice Mayor LAWRENCE E. STAHL JAMES T. SKELLY. JR. JAMES E. CROSS TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AGENDA COMMISSION MEETING JUNE 12, 1987 1. Roll Call. 2. Approval of Minutes May 15, 1987. 3. Financial Report. 4. Police Report. 1. CDC Agreement - City of Delray Beach /Gulf Stream 2. Update on F.I.N.D. area 5. Planning and Zoning Board Report. 1. Site Plan Review A request by Mr. and Mrs. Theodore Johnson, 531 Palm Way - Lot 18, Plat of Polo Cove. To add a swimming pool to the rear of their property. MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33444 TEL.: GULF STREAM 27 &5116 Town Manager WILLIAM E. GWYNN Assislenl Town Manager-Town Clerk BARBARA GWYNN chief of Police JAMES GREER 2. Site Plan Review !—variance request by the Gulf Stream Bath and Tennis Club to reduce the north side yard setback from the required 25' to 10' in order to add a snack bar to their existing clubhouse. Legal ad and notices to affected residents have been mailed, to date we have received no objections to request. 6. Commission Comments. 7. Public Comments. 8. Adjournment. TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA COMMISSIONERS MAIL ADDRESS 1DO SEA ROAD WILLIAM F. KOCH, JR., Mayor GULF STREAM, FLORIDA ALAN I. ARMOUR, Vice Mayor 33444 TEL.: GULF STREAM LAWRENCE E. STAHL 2765116 JAMES T. SKELLY, JR, JAMES E. CROSS TOWN COMMISSION MEETING Town Manager WILLIAM E. GWYNN DES+ Assistant Town Manager-Town Clark BARBARA GWYNN Chief of Police June 12, 1987 JAMES GREER The meeting was called to order at 9:00 a.m. by the Hon. William F. Koch, presiding, 1. Roll Call Present: William F. Koch Allan I. Armour James E. Cross James T. Skelly Also present: William E. Gwynn Barbara Gwynn William Mayer James Greer Richard Brandt Clarence Sova Mrs. " Wim. Nichols Absent: Lawrence E. Stahl 2. Minutes Mayor Vice -Mayor Commissioner Commissioner Town Manager Town Clerk Chairman, Planning & Zoning Boarc Chief of Police Code Enforcement Officer Supervisor, Public Works Town Attorney Appearing for Bath & Tennis Club Commissioner With the addition of the words "Place au Soleil Homeowners" to the next to last paragraph on page 3, item number 7, line 4, the Minutes of the May 15, 1987 meeting were approved on motion duly made and seconded. 3. Financial Reoort Mr. Gwynn introduced to the assembly and then proceeded to give the financial report for the month of May. There are no problems existing and the budget is close to projection with two /thirds of the fiscal year having passed. On motion duly made and seconded, the Financial report was approved by the Commissioners. Town Commission Meeting June 12, 1987 Minutes Page Three 4. Police Report 1. Commissioner Cross spoke on the CDC agreement between the City of Delray Beach and the Town of Gulf Stream noting that the new communications system will be activated within the next few weeks. Inasmuch as the 911 number will be out of use for a very short period, perhaps one -half hour or less, a public notice will not be issued. Chief Greer reported that the attorneys for both municipalities are working out the final phases of the CDC contract. The police have the manuals and procedures and a smooth transition is expected. Discussion ensued on the increase in fees under the new system and the unavailability of any other system. On motion duly made and seconded the Commission approved the above noted contract subject to the provisions included in the Town Attorney's letter of June 3, 1987 to Mr. Gwynn. 2. Chief Greer, reporting on the status of the F.I.N.D. property, read a letter from the Town Attorney recoc¢oending dismissal of the litigation between the Town and the Drive -In Theatte. Chief Greer said his department checks the area every shift and the property appears abandoned. The Commission, on motion duly made and seconded, approved dismissal of the above noted litigation. Mr. Gwynn spoke on Resolution 87 -5 opposing the leasing of the F.I.N.D. area. The Resolution is entitled: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, OPPOSING THE LEASING OF THE F.I.N.D. AREA ON THE SOUTH SIDE OF PLACE AU SOLEIL, MSA 641 -A On motion duly made and seconded, the Commission approved said Resolution. Chief Greer reported on a letter sent to Mr. Briggs, General Manager of the Gulf Stream Golf Club, by Mr. Dittman, President of the Place au Soleil Homeowner's Association, regarding transients living on Club property and of the recommendations made by Chief Greer to Mr. Briggs after inspection of the F.I.N.D. area and contiguous Club property. Said recommendations include placing of "No Trespassing" signs by the Club; the Club will update a letter giving the Town Police authority to make arrests for trespassing on Club property; the Club to clear and fence its property and the Club to create paths and /or a buffer zone to facilitate observance of the area. The existence of a labor pool and a bench outside the jurisdiction of the Town adds to the surveillance problem. The police are increasing patrols of the area. 5. Planning & Zoning Board Report 1. Site Plan Review. Request of Mr. and Mrs. T. Johnson, 531 Palm Way, to Town Commission Meeting June 12, 1987 Minutes Page Three 5. Planning & Zoning Board Report (continued) 1. add a swimming pool to the rear of their property. After discussion with Mr. Mayer, the Commission approved said request on motion duly made and seconded. 2. Site Plan Review. Request by the Gulf Stream Bath & Tennis Club to add a snack bar to existing Clubhouse. Mr. Mayer reported on the status of the setback requirement. on motion duly made and seconded the Commission accepted the recomnendation of the Planning & Zoning Board and approved said request. 6. The Commission discussed off - street parking. Mr. Mayer suggested that all rules come under the Town ordinance whether on private or public roads. A parking controversy between Town residents opened the discussion to easements, deeds, grants, past practices of the Town, etc. Mr. Dixson spoke on the situation referring to the Deed dated December 22, 1954, liber 1094, pp. 189. Mr. Dixson requested the record reflect he appeared as a volunteer in possession of information and that he is not representing either party nor is he taking sides in the matter at this stage. The Commission agreed that this problem be treated no differently than any similar matter. Mr. Mayer spoke on the water retention problem on the Behan property. Mr. Brandt reported on the progress of the renovation of said property and of a neighbor's complaint. Discussion was held on a possible Tree Ordinance. No action was taken. The Commission set down the date of July 17, 1987 for the next regular meeting and for a pre - budget meeting. Note was taken of the July meeting in Jupiter on the F.I.N.D. property and that the Town would have representation at that meeting. Mr. Dixson suggested that a stipulation be included in the discontinuance of litigation between the Town of Gulf Stream and the Drive -In Theatre, said stipulation to read that the defendant in the suit will adhere to and abide by the ordinances and Regulations of the Town of Gulf Stream. There being no further business, the meeting was adjourned at 10:05 a.m. Town C er] TOWN OF GULF STREAM FINANCIAL REPORT Month of June, 1987 Balances 5/31/87 Deposits Withdrawals Balances 6/30/87 Receipts Alcoholic Beverage Licenses Electric Franchise Emergency Medical service Real Estate Taxes Fines Licenses Water Trash Half Cent Sale Tax Other Permits County Gas Tax Cigarette Tax Lots Cleared FL. Corp. Plan Assist Interest Insurance Rebate Total Invested Funds General Fund Water Police Dept. (Boat Sale) Dredging Sinking OPERATING ACCOUNT $53,067.90 80,661.52 84,058.76 49,670.66 456.00 3,935.84 1,100.00 13,328.68 880.01 676.00 38,115.47 6,435.00 1,788.50 126.86 885.00 2,633.14 202.12 300.00 4,096.80 290.10 5,412.00 80,661.52 265,643.32 61,100.13 11,447.70 48,489.36 4,275.79 C FINANCIAL REPORT Cont'd. Page 2 June, 1987 #4966 Richard R. Brandt Code Enforcement Officer 4967 Earl Harvel II Meter Reading 4968 Barnett Bank Payroll 4969 Barnett Bank Payroll W/H & S/S 4970 USCM Def Comp Employee 4971 Delray Mun. Credit Union Employee 4972 William Henry Reimbursement "Murphy's Law Comp" 4973 FL Mun. Health Trust Fund Employee 4974 Void 4975 Boynton Auto Supply Public Works and Police Dept. 4976 Boca Raton News Ad - Variance 4977 County Sanitation Monthly - June 4978 County Sanitation Pick -up & Disposal Trash 4979 Edgar Office Supply Police Dept. 4980 Easy Pay Tire Police Dept. 4981 Florida Power & Light St. lights, Compactor; Police, & T.H. 4982 The Good Life Cassette Tapes Police Dept. 4983 William Gwynn Secy., Bookeeping & Car Allowance 4984 GBS Architects Overnight deliveries 4985 Harvel & DeLand Water Maintenance 4986 Hand's Office Supply Town Hall 4987 Intl. Inst. Municipal Clerk Annual Membership 4988 Lawmen's Shooters Supply. Police Dept. 4989 Multiplier Police Dept. 4990 Ocean City Lumber Public Works 4991 Pierce Tire Company Police Dept. 4992 Purity Uniforms Public Works 4993 So.FL Laundry & DryCleaning Police Dept. 4994 Stanley Steamer Police Dept. 4995 Dept. Environmental Reg. Motor Fuel Tank Replacement 4996 Standard Sanitary Supplies Town Hall 4997 Southern Bell Town Hall, Public Works, & Police Dept 4998 Telpage Pagers 4999 Western Auto Supply Police Dept. 5000 AT &T Co. Lease of phone equip. 5001 Bill Wallace Ford Police Dept. 5002 Delray Municipal Credit Union Employee 5003 Town of Gulf Stream Employee payroll 5004 USCM /Def Comp Employee 5005 FL Mun Health Trust Fund Employee 5006 Ann Ford Secretarial services minutes 5007 Richard R. Brandt Code Enforcement Officer 5008 Clarence Sava Supplies 5009 World Flags Mfg. Co. Flags purchased(7)3 x 5,(1)4 x 6 5010 Town of Ocean Ridge Fire Contract year end adjustment 5011 Gulf Stream Police Acct. Replenish acct. 5012 St.FL Div. Retirement Adjustment per audit PAYROLL 2420 Greer 2421 Buchan 2422 Stocks Total 5 -23 -87 - 6 -5 -87 800.00 385.00 10,127.17 4,197.74 995.00 1,263.44 15.00 2,049.72 99.69 10.56 5,390.00 1,047.50 33.98 35.00 1,618.05 26.91 1,640.00 20.00 759.25 68.14 35.00 2,736.00 77.20 228.15 15.00 164.38 186.50 247.29 50.00 50.65 . 564.42 55.00 20.76 10.65 298.88 1,263.44 9,925.83 995.00 2,049.72 100.00 800.00 91.80 370.00 32,618.84 293.45 228.65 84,058.76 916.01 500.44 555.70 FINANCIAL REPORT Cont'd. Page 3 June, 1987 CPAYROLL #2423 Burtka 5 -23 -87 - 6 -5 -87 842.39 2424 Neff 725.54 2425 Williams 699.25 2426 Delorme " " 673.92 2427 Burbank 734.34 2428 Henry " " 613.42 2429 Peterson " " 810.01 2430 Soto " 604.05 2431 Helmes " 241.75 2432 Sova " 594.36 2433 Colebrook " 509.66 2434 Pickering " 502.66 2435 Gwynn 603.67 2436 Void 2437 Void 2438 Stocks 6 -06 -87 - 6 -19 -87 555.70 2439 Greer 916.01 2440 Buchan 500.44 2441 Burtka 842.39 2442 Neff 725.54 2443 Williams 699.25 2444 Delorme 573.25 2445 Burbank 734.34 2446 Williams 613.42 2447 Peterson 709.34 2448 Soto 604.05 2449 Helmes " 241.75 2450 Sova " 594.36 2451 Colebrook " 509.66 2452 Pickering 502.66 2453 Gwynn 603.67 Total 20,053.00 3 3 t-j N 3 S to H m r m > to 0 0 �j •P •P 00 m o w (D ,p a w O p a r 7 7 W C z m 4 a o (D (D r 6. m (D m P. 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CROSS r TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA AGENDA PLANNING AND ZONING BOARD MEETING JUNE 3, 1987 1. Roll Call. 2. Approval of Minutes May 6, 1987. 3. Site Plan Review Mr. and Mrs. Theodore Johnson, Lot 18, Plat of Polo Cove, 531 Palm Way. A request to construct a swimming pool, rear property line. 4. Site Plan Review and Variance Request Lots 15 and 16, Palm Beach Shores Acres. A request to reduce the north sideyard setback from the required 25' to 101, per section IX —I1 of the Gulf Stream Building Codes. This request is being made by the Gulf Stream Bath and Tennis Club in order to add a snack bar to their existing clubhouse. 5. Board member comments. 6. Comments from the public. 7. Adjournment. MAIL ADDRESS 1DD SEA ROAD GULF STREAM, FLORIDA 33444 TEL.: GULF STREAM 276-5116 Town Manager WILLIAM E. GWYNN Assistant Town Manager -Town Clerk BARBARA GWYNN Chief of Police JAMES GREER a IY�IIL —� EA/E.CaA!)flEd 0 Bl1e1<1WEAO kill' C• B S. V n BW �i O 0 m via a D � � f�• /ice• N law.sc y /RICE Nr� rdt �ff XIAW IY�IIL —� EA/E.CaA!)flEd 0 Bl1e1<1WEAO kill' C• B S. V n BW �i O 0 m via a N h' I / \ V /9D. 6 'r pA m � � 4 � N h' I / \ V /9D. 6 'r KE:.1�InJ J/ PEED SNACK 8Atk h - c WE oa Sc�9� EXIST. C7Ne-37 KY wooD 7cf�G.V1E+ BI.DC.s• MEN'S LOCKi25 ! ,dClvC,l�Ci' Pt AJta Via° sn�rLnv LIST. F,ClS71NC� DIVE -STORK FRAA46 OU/LOINCa L;V" -'AJG ROOM * i CLU3 "Ouse ai v m I N FLhl AMNG h iz .8, .X • `1 D. r x I "SAND fox It Pwpo5e 1 AWNINC2 AA' v Q b 9" row srs Ll 1 �V 4 �V V V� W 4 v ' I C, � � ,cv►oRAX • LCX.AT CONC. CAP f �! ,I ERIC J. MANGIONE MAYOR, CHAIRMAN OF COMMISSION I tiIFR H HAIRD [OWN MANAGFR May 28, 1987 Mr. William Town Manager Town of Gulf 246 Sea Road Gulf Stream, TOWN OF OCEAN RIDGE 6450 NORTH OCEAN BOULEVARD OCEAN RIDGE, FLORIDA 33435 Gwynn Stream Florida 33444 Re: Public Safety Contract Dear Mr. Gwynn: The contract for firefighting services to the Stream from the Town of Ocean Ridge is set to September 30, 1987. On behalf of the Town, we to learn of your Town's interest in extending and services, and details regarding same. Town of Gulf expire on would like the contract Please advise of your decision in this regard, and we'll prepare the new contract for appropriate execution by all parties. Thank you. ASincerely, rr e ter r B. Baird Town Manager COMMISSIONERS THOMAS E. DYER VERA J. KLEIN JON L. SHDDLICK FRED ROSE TELEPHONE: 7322635 May 22, 1987 Mr. William F. Koch, Jr., Mayor Town of Gulf Stream 246 Sea Road Gulf Stream, Florida 33444 SUBJECT: COUNTYWIDE PLANNING COUNCIL MEETING - JUNE 5, 1987 Dear Mayor Koch: As you are aware, the voters of Palm Beach County last November adopted an amendment to the Charter establishing a Countywide Planning Council. Membership to the Council has been appointed and we are in the organizational phases of our formation. At our last meeting, the Council enthusiastically agreed that it is very important, early in the existence of the Council, to establish an effective working relationship with all the local governments throughout Palm Beach County. Therefore, the Council is extending an invitation to the mayor of each municipality to join them at their meeting on June 5, 1987 starting at 9:00 a.m. in the 7th Floor Conference Room of the Governmental Center in West Palm Beach. At this meeting, Mr. Thomas Pelham, Secretary of the Department of Community Affairs will attend and provide the Council an overview of the State's role in the growth management framework. I am certain that you will find Mr. Pelham's remarks of great interest to you and your community as we all go forward to implement the requirements of the local government planning act. Also, Ms. Susan Philp will be addressing the Council on the Planning Council in Broward County to relate the experiences of how that organization dealt with its responsibility to achieve intergovernmental cooperation and conflict resolution. Ms. Philp was Executive Director of the Broward County Planning Council until her recent appointment to the staff of the Palm Beach County Planning Department. May 22, 1987 Page 2. We look forward to you joining us on June 5th to begin establish- ing the needed cooperative effort amongst all local governments to secure the quality future that we all desire for the citizens of Palm Beach County. Please contact Diane Bethel at 820 -2034 if you plan to attend the meeting. Sincerely, N M L 4t� ka, Chairman ywide Planning council JRW:db PRELIMINARY AGENDA COUNTYWIDE PLANNING COUNCIL Friday, June 5, 1987 - 9:00 A.M. 7th Floor Conference Room "A" Governmental Center I. ROLL CALL II. ADOPTION OF AGENDA III. APPROVAL OF MINUTES - MAY 1, 1987 IV. GROWTH MANAGEMENT: THE S`.CATL PROSPECTIVE - Thomas Pelham, Secretary for Department of Community Affairs V. PRIOR EXPERIENCE AT BROWARD COUNTY PLANNING COUNCIL - Susan Philp, PBC Planning Department VI. BYLAWS /RULES COMMITTEE REPORT VII. ATTORNEY REPORT A. Financial Disclosure B. Insurance Coverage VIII. CHAIRMAN COMMENTS IX. COUNCIL COMMENTS X. PUBLIC COMMENTS XI. ADJOURNMENT "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to insure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based." MINUTES OF THE COUNTYWIDE PLANNING COUNCIL MAY 1, 1987 I. ROLL CALL The Countywide Planning Council was called to order at 9:09 a.m. The roll was called and quorum was present with the following members absent: Ken Adams, Pat Schwab and George Frost. II. ADOPTION OF AGENDA Mr. Wodraska added Report by the Chairman of the Budget /Finance Committee to the Agenda to follow the Personnel Committee report. Mr. Bowman moved approval of the Agenda as amended; seconded by Mr. Anthony. Motion carried unanimously. III. APPROVAL OF MINUTES - APRIL 17, 1987 Mr. Glisson moved approval of the Minutes; seconded by Mr. Hasner. Motion carried unanimously. IV. PERSONNEL COMMITTEE REPORT A. Status to Date Mr. Shannon informed the members that the Personnel Committee reviewed the draft language for the advertisement for an Execu- tive Director. After review and modifications, Mr. Shannon was instructed to go forward with the advertisement in the national American Planning Association magazine and the Florida Chapter of APA. Mr. McEaddy informed the members that he was asked to prepare a request for legal counsel to appear in the Palm Beach County Bar. The deadline for placing the ad is June 15th. After further discussion, Mr. Hasner moved that the Personnel Committee short list the two positions and provide ranking of each; seconded by Mr. Bowman. Motion carried unanimously. The Council discussed the legal ad and made modifications (listed below). Countywide Planning Council for Palm Beach County with the responsibility to implement Article 7 of the Palm Beach County Charter desires to hire an attorney or firm with significant experience in Land Use and Governmental Law. Prior representation of public bodies and boards preferred. Please submit proposal for hourly rate, including resume. on how local government's plans would be consistent with the Regional Plan. After considerable discussion, Mr. Cary was asked to have someone from his staff attend each of the meetings. Commissioner Marcus made a motion to extend an invitation to Mr. Cary, as a nonvot- ing member, to assist the Personnel Committee in the selection of the Executive Director in screening candidates and making a recommendation to the Council; seconded by Dr. Anderson. Motion carried unanimously. Dr. deHaven -Smith and the By- Laws /Rules Committee were charged with coming up with a reference document that would serve as a checklist when they look at the 38 plans that will be submitted to them. VII. ATTORNEY REPORT A. Financial Disclosure Information was passed out regarding financial disclosure. This item had to be researched further. Each member was asked to review it for discussion at the next meeting. B. Meeting Notice Requirements The procedure to be used for notification of meetings was dis- cussed. It was requested that Mr. Cary and the 37 mayors be included on the mailing list. VIII. INSURANCE COVERAGE Mr. Baird passed out copies of a letter addressing this issue. Preliminary investigations show that the Council will come under the County's insurance program but they need to research it further. The Council discussed the conflict of having their meeting on July 3rd. After discussion, the Council decided to leave the date for July 3rd and discuss it at the next meeting. The next meeting will be June 5th at 9:00 a.m. After further discussion, it was decided that they would invite someone from DCA to come and explain where the growth management legislation is going and send out a letter to each chief elected official of all 38 units of government. It was also suggested that Ms. Susan Philp of the County's Planning Division be at the next meeting to tell them of her experience with the Broward County Planning Council. MINUTES OF THE BYLAWS /RULES COMMITTEE MAY 1, 1987 The ByLaws /Rules Committee was called to order at 11:41 A.M. with Commissioner Marcus absent. Mr. Pimentel passed out copies of the ByLaws section of Roberts Rules of Order. He also passed out copies of the ByLaws for the Loxahatchee River Coordinating Committee and the Rules of Proce- dure for Boca Raton. He will come up with a rough set of bylaws to start the Committee off. Mr. Shannon will provide the members copies of Treasure Coast Regional Planning Council's bylaws and personnel rules. Mr. Pimentel will contact members to set up a place and time for their next meeting. There being no further business to discuss, the meeting was adjourned at 11:49 A.M. Pete Pimentel, Chairman ByLaws /Rules Committee JOHNSTON, SASSER, RANDOLPH & WEAVER, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD HARRY A. JOHNSTON 2 WEST PALM BEACH, FLORIDA 33402 DONALD J. SASSER' JOHN C. RANDOLPH P. O. BOX M M ADAMS WEAVER ANN MARIE G. REZZONICO JOYCE A. CONWAY BOAR. CERTIFIED MARITAL S FAMILY LAWYER June 3, 1987 Mr. William Gwynn Town Manager Town of Gulf Stream 246 Sea Road Delray Beach, FLa. 33444 Dear Bill: HENRY F LILIENTHAL 1902' 1982 HARRY ALLISON JOHNSTON 1893 1953 (305) 655 0108 I have reviewed the enclosed agreement and have the following comments. Section 7 is not an onerous hold harmless agreement as the hold harmless is limited to negligence of the Town. I would recommend however some minor amendments in that section. I would recommend that the section be amended to read as follows: "Section 7. The city, its officials, agents, or employees in providing police dispatching and communication services shall not be deemed to assume any liability for acts, omissions or negligence of the Town, its employees, agents or officials. The Town shall hold the city harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of officials, agents or employees of the Town. Further, the Town, in entering into this agreement shall not be deemed to assume any liability for acts, omissions or negligence of the city, its employees, agents or officials. The city shall hold the Town harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of officials, agents or employees of the city. All liability for injury to personnel and for lass or damage of equipment incurred in connection with this agreement, or in the performance of services or functions pursuant thereto, shall be borne by the city or the Town employing such personnel or owning such equipment and each entity shall carry sufficient insurance to cover all such liabilities. Certificates of insurance shall be submitted to the office of the attorney for both the city and the Town and shall be in a form and amounts acceptable to each entity." I have suggested that we eliminate Section 11 as I do not feel it is necessary in a contract of this kind, particularly where either party may terminate the agreement upon 60 -days written notice and further where each party is holding the other harmless for negligence of its own agents or representatives. If you need anything further in regard to this matter, please do not hesitate to contact me. Very,tfdlyAours, RANDOLPH JCR /n Enclosure cc: William Koch, Mayor JOHNISTON, SASSER, RANDOLPH & WEAVER This Agreement, entered into this --------- day of 198___, by and between the City of Delray Beach, Florida, a municipal corporation, hereinafter referred to as, "the City" and the Town of Gulfstream, a Florida municipal corporation, hereinafter referred to as, 'the Town ". W I T N E S S E T H: WHEREAS, the Cooperative Dispatch Center of South Palm Beach County "CDC ", is disbanding; and, WHEREAS, the City of Delray Beach, Florida will be providing its own Police Communications Services and Dispatch Operations; and, WHEREAS, the Town of Gulfstream desires to enter into an Agreement with the City of Delray Beach, Florida in order to obtain Police Dispatching and Communications Services from the City of Delray Beach, Florida. NOW, THEREFORE, the City and the Town in considera- tion of the mutual promises and benefits hereinafter set forth, the receipt of which is hereby acknowledged, do hereby agree as follows: Section 1. This Agreement is to become effective as of June 15, 1987, or as soon thereafter as the Communication Service and Dispatch Center of the City has become fully operational. Sectio", This Agreement shall expire, and termi- nate on June 15, 1988, Section I, The Town shall pay twenty thousand dollars ($ 20,000,00) to the City for Police Dispatching and Communications Services provided to the Town from the City for the period of June 15, 1987 through June 15, 1988. There will be no additional assessments or reimbursements for this period. Section 4, The City shall provide dispatching services to include the handling of police emergency calls, non - emergency calls, calls for emergency medical service and calls for fire protection. Calls for fire protection and emergency medical service shall be relayed to the Town of Ocean Ridge Fire Department. Section s, The Town shall be responsible for maintenance of all radios and any other equipment now owned by the Town. Radios and any other equipment owned and furnished by Cooperative Dispatch Center, "CDC", shall be maintained by the City. Section 6, The City shall provide only communication services and dispatching services. Section 7, The City, its officials, agents, or employees in providing police dispatching and communication services, shall not be deemed to assume apy liability for acts, omissions, or negligence of the Town, its employees, agents or officials. The Town shall hold the City harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of its officials, agents, or employees. All liability for injury to personnel and for loss or damage of equipment incurred in connection with this Agreement, or in the performance of services or functions pursuant thereto, shall be borne by the City or the Town employing such personnel or owning such equipment and the Town shall carry sufficient insurance to cover all such liabilities. A Certificate of Insurance shall be submitted to the office of the City Attorney of the City, and shall be in a form and amounts acceptable to the City Attorney. Section 8. The Town may terminate this Agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the the Town should terminate the Agreement as herein provided and prior to June 15, 1988, the twenty thousand dollar ($ 20,000.00) payment referred to in Section 3 shall be refunded on a pro rata basis. Section 9. The City may terminate this Agreement at any time following sixty (60) days written notice to the Town. 3 After the effective date of such notice, both parties will be relieved of any further obligations under this Agreement except that nothing herein shall be construed to impair the obligation of any contract then in effect in which the the Town or the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of its respective employees, agents, or officials occurring while this Agreement is in effect. If the City should terminate this agreement as herein provided and prior to June 15, 1988, the twenty thousand dollar ($ 20,000.00) payment -referred to in Section 3 shall be refunded on a pro rata basis. Section 10. the Town shall not assign this Agree- ment. Section 11. In connection with any litigation, including appellate and post - judgement proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover reasonable Attorney's fees and costs. Section 12. All disputes arising from this Agreement shall be settled in a court of competent jurisdiction with venue to be in Palm Beach County, Florida. Section 13. All notices provided for in this Agree- ment shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective addresses which may be changed by written notice only: CITY; OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA 100 N.W. lst Avenue Delray Beach, FL 33444 THE TOWN: Bill Gwynn, Town Manager 100 Sea Road Gulfstream, FL 33444 Notice given by or to the Attorney by either party shall be as effective as if given by or to said party. IN WITNESS WHEREOF, the parties have caused these presents to be signed by the duly authorized officers on this --- - - - - -- day of ------------------ - - - --v 1987. ATTEST: -------------------- - - - - -- City Clerk Approved as to form: -------------*------ - - - - -- City Attorney CITY OF DELRAY BBACRe FLORIDA 3 ---------------------- X A Y O R C TOWN OF GULFSTREAM, FLORIDA --------------------------------- BILL GWYNN, City Manager STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date, before an officer duly authorized in the state and county named above to take acknowledgements, personally appeared - --------- ------ --- --- - -, known to me to be the person desired in and who executed the foregoing instrument, and acknowledged before me that he /she executed the same. SWORN TO AND SUBSCRIBED before me this _ day of ------- - - - - -� 1987. r, ------------------------------ Notary Public My Commission Expires: SPINNER, DITTIIAN, PEDERSPIHL & DOWLINo ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 501 EAST ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 (305) 276 -2900 ROBERT A. DITTMAN DONALD C. DOWLING ROBERT W. FEDERSPIEL, P.A. WEST PALM BEACH LINE JOHN W. SPINNER June 8, 1987 (305))36 -0400 Mr. James Gulf 2401 Gulf Briggs Stream Golf Club N. Ocean Boulevard Stream, Florida 33444 Re: Club Wellfield North of Place Au Soleil Dear Jim: You may remember me in connection with our working out some easement problems a few years back relative to the 100 foot strip north of Place Au Soleil Subdivision. I'm now touching base as President of Place Au Soleil Association, Inc., our local Homeowners Association, with regard to an old minor problem which now, apparently, has the potential for becoming more serious. This involves the subject of transients living off Federal Highway in the woods of the Club's Wellfield property north of Place Au Soleil. While this has occurred off and on for quite a few years, the problem was at most, an occasional one, involving, typically, a single transient person. Over the past year, however, with the establishment of a "day labor" employment service off Gulfstream Boulevard a couple blocks west of the property, the problem has considerably increased in magnitude. Over this past season, continuing even now, there appear to be from two to twelve persons living in the woods on the Club property. They've established quite a campsite, utilizing air mattresses, conventional mattresses and carpeting for sleeping purposes but, apparently, have yet to sign a contract for garbage and waste collection. While the Directors of our Association are not unmindful of the problems of the disadvantaged, we are unanimously concerned about the potential for growth of this colony and crimes against property and persons which may result therefrom. One of our residents recently found a rope artfully formed into a hangman's noose near the intersection of the road running through the Club property and the FIND property to the east. This is disturbingly Mr. James Briggs June 8, 1987 Page 2 close (within 150 feet or so) to where my three daughters, all of whom are under age eleven, play in their backyard. Because our Association Directors are fearful of waiting until "something happens" before taking action, they have unanimously requested me to seek the Club's approval for the Association to post appropriate "No Trespassing" signs on the Club's property and to request that the Club send a letter to Chief Greer requestng him to enforce all appropriate laws relative to any transients who may ignore such posted warnings. Our Association would be most appreciative of any support the Club can give us in this regard. Cordially, Robert A. Dittman RAD:dr cc: Hon. James Greer Hon. William F. Koch, Jr. Hon. Alan I. Armour COMMISSIONERS M. BRENT WADDELL CHAIRMAN MARTIN COUNTY DOUGLAS C. CRANE VICE CHAIRMAN ST, JOHNS COUNTY MYRON H. BURNSTEIN TREASURER BROWARD COUNTY TONY WALSH SECRETARY VOLUSIA COUNTY WILLIAM 0. DERR DUVAL COUNTY BRYNN NEWTON FLAGLER COUNTY E.E. HADDEN, JR. BREVARD COUNTY JOE H. EARMAN INDIAN RIVER COUNTY JIM G. RUSSAKIS ST. LUCIE COUNTY WALTER A. MAYTON PALM BEACH COUNTY STANLEY E. GOODMAN DADE COUNTY STAFF STERLING K. EISIMINGER GENERAL MANAGER NANCY BEERS ADMINISTRATIVE ASSISTANT FLORIDA INLAND NAVIGATION DISTRICT 27 May 1987 Captain John Buchan Town of Gulf Stream 246 Sea Road Gulf Stream, FL 33444 Dear Captain Buchan: You are hereby informed the Board of Commissioners, Florida Inland Navigation District (FIND), at its meeting on 27 March 1987 can- celled the license it had granted to Drive -In Theater of Florida, Inc, on a part of FIND -owned MSA 641 -A. That cancellation become effective on 20 April 1987. No other agreements have been made by FIND which would authoriz on MSA 641 -A. As MSA 641 -A is e corporate limits of the Town of Gulf Stream, th c has o objections to the Town of Gulf Stream enforcing s trespass laws and ordinances on the FIND property. Sincerely, Sterling K. Eisiminger / General Manager SKE:rmm cc: Commissioner Mayton BIB U.S. HIGHWAY ONE, SUITE 7, NORTH PALM BEACH, FLORIDA 33408 - TEL. 3066773386 JOHNSTON, SASSER, RANDOLPH &:HEAVER, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD HARRY A. JOHNSTON II WEST PALM BEACH, FLORIDA 33402 DONALOJ SASSER• JOHN C RANOOLPH P. O, BOX M H. ADAMS WEAVER ANN MARIE G. REZZONICO JOYCE A. CONWAY RoARO ccwnnco MARITAL d rAMILY LAWYER May 27, 1987 Colonel Sterling K. Eisiminger General Manager Florida Inland Navigation District 818 U.S. Highway One Suite 7 North Palm Beach, Fla. 33408 RE: F.I.N.D. area/ MSA 641 A Dear Colonel Eisiminger: HENRY r, LILIENTHAL 1902-1982 HARRY ALLISON JOHN57ON 895 1083 (305) 855 0108 Please be advised that the Town Commission of the Town of Gulf Stream has instructed me to express to F.I.N.D. in writing the Town's desire to lease the F.I.N.D. area on the north side of Plaza au Soleil described as maintenance spoil area MSA 640 -640A, for the purpose of preserving and maintaining existing wildlife and aquatic habitats. ;I would appreciate having the opportunity to discuss this matter with you at your convenience. JCR /n Cc: Barbara Gwynn - Town Clerk May 28, 1987 Ms. Barbara Gwynn Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33444 RE: F.I.N.D. area - Place au Soleil Dear Barbara: Enclosed is a proposed resolution regarding the F.I.N.D. matter for consideration at the next meeting of the Town Commission. Very,-t;r'ulyi� ours, . RANDOLPH JCR /n Enclosure JOHNSTON, SASSER, RANDOLPH Sc WEAVER, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD HARRY A. JOHNSTON U WEST PALM BEACH, FLORIDA 33402 HENRY F LILIENTHAL DONALD J SASSER • 1602 1982 JOHN C. RANDOLPH P. O. BOX M H. ADAMS WEAVER HARRY ALLISON JOHNSTON ANN MARIE G REZZONICO Ia8S 1583 JOYCE A. CONWAY (305) 655 -0108 ' BOARD CERTIFIED MARITAL S FAMILY LAWYER May 28, 1987 Ms. Barbara Gwynn Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33444 RE: F.I.N.D. area - Place au Soleil Dear Barbara: Enclosed is a proposed resolution regarding the F.I.N.D. matter for consideration at the next meeting of the Town Commission. Very,-t;r'ulyi� ours, . RANDOLPH JCR /n Enclosure TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS PLANNING & ZONING BOARD MEETING 100 SEA ROAD WILLIAM F. KOCH, JR., Mayor GULF STREAM, FLORIDA ALAN I. ARMOUR, Vice Mayor MINUTES TEL.: ULF GULF STREAM LAWRENCE E. STAHL 2765116 JAMES T. SKELLY, JR. JAMES E. CROSS juLy 1, 1987 Town Manager WILLIAM E. GWYNN Assistant Town Manager Town Clerk BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9:00 a.m. by Chairman William Mayer. 1. Roll Call Present: Charles E. Eaton, Vice - Chain William Lynch William Mayer, Chairman (Mrs.) Joan Orthwein Also present: Barbara Gwynn, Town Clerk Richard Brandt, Code Enforcement Officer Clarence Sova, Superintendent, Public Works Absent: Thomas Brandt 2. Minutes On motion duly made and seconded the Minutes of the June 3, 1987 meeting were approved. 3. Site Plan Review Mr. Behan - 3212 Gulf Stream Road Remodeling to existing hone and landscape review. After examination of plans and discussion with neighbor the Board approved this request on motion duly made and seconded. Site Plan Review Barry Eavenson - 915 Emerald Row Add swimming pool to existing home. Noting approval by the Place au Soleil Hone Owner's Association the Board approved this request on motion duly made and seconded. Planning & Zoning Board Meeting July 1, 1987 Minutes Page Two 3. Site Plan Review (continued) Place au Soleil Herne Owner's Association To construct a Gate House at entrance. On Motion duly made and seconded this request was approved. 4. Discussion on the F.I.N.D. property ensued. No action taken. There being no further business to care before the Board the meeting was adjourned at 9:20 a.m. Town Clerk \ HARRY A. JOHNSTON II DONALD J. SASSER JOHN C. RANDOLPH H. ADAMS WEAVER ANN MARIE G. REZZONICO JOYCE A. CONWAY BOARD CERTIGIEO MARITAL E rAMILY LAWYER June 3, 1987 JOHNSTON, SASSER, RANDOLPH & WEAVER, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 OKEECHOBEE BOULEVARD WEST PALM BEACH, FLORIDA 33402 P. O. BOX M Mr. William Gwynn Town Manager Town of Gulf Stream 246 Sea Road Delray Beach, FLa. 33444 Dear Bill: I have reviewed the enclosed agreement and have the comments. HENRY r LILIENTHAL 1902 1982 HARRY ALLISON JOHNSTON 896 i9B3 (305) 655 -0108 following Section 7 is not an onerous hold harmless agreement as the hold harmless is limited to negligence of the Town. I would recommend however some minor amendments in that section. I would recommend that the section be amended to read as follows: "Section 7. The city, its officials, agents, or employees in providing police dispatching and communication services shall not be deemed to assume any liability for acts, omissions or negligence of the Town, its employees, agents or officials. The Town shall hold the city harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of officials, agents or employees of the Town. Further, the Town, in entering into this agreement shall not be deemed to assume any liability for acts, omissions or negligence of the city, its employees, agents or officials. The city shall hold the Town harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of officials, agents or employees of the city. All liability for injury to personnel and for loss or damage of equipment incurred in connection with this agreement, or in the performance of services or functions pursuant thereto, shall be borne by the city or the Town employing such personnel or owning such equipment and each entity shall carry sufficient insurance to cover all such liabilities. Certificates of insurance shall be submitted to the office of the attorney for both the city and the Town and shall be in a form and amounts acceptable to each entity." I have suggested that we eliminate Section 11 as I do not feel it is necessary in a contract of this kind, particularly where either party may terminate the agreement upon 60 -days written notice and further where each party is holding the other harmless for negligence of its own agents or representatives. If you need anything further in regard to this matter, please do not hesitate to contact me. JCR /n Enclosure cc: William Koch, Mayor urs, LPH JOHNSTON, SASSER, RANDOLPH & WEAVER RESOLUTION 87 -5 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA OPPPOSING THE LEASING OF THE F.I.N.D AREA ON THE SOUTH SIDE OF PLACE AU SOLEIL, MSA 641 -A. WHEREAS, it has come to the attention of the Town Commission of the Town of Gulf Stream that the Florida Inland Navigation District is negotiating with Seacrest Commercial Properties to lease MSA 641 -A to Seacrest Commercial Properties; and WHEREAS, it has been represented that the use of the property proposed to be leased will be for commercial purposes; and WHEREAS, the zoning code of the Town of Gulf Stream prohibits the use of said property for commercial interests; and WHEREAS, the leasing of the property for commercial interests will be adverse to the residents and the residential character of the Town of Gulf Stream and surrounding areas. NOW, THEREFORE, be it resolved by the Town Commission of the Town of Gulf Stream that the Town Commission state its opposition to the proposed leasing of said property and that a copy of this resolution be made available to the Board of Commissioners of the Florida Inland Navigation District. PASSED AND ADOPTED in a regular, adjourned session assembled this 12 day of June , 1987. I own Colrnd -n PP Ayo � TEST: Town e m 9 a c c 'm n 0 m a J In i C < A < O m m .. m 3� N P > r IA A m p< pT D r C Z A O T - lE A > Z r m- J m P c ! T b m � r m C 3 C m r m - m m O ( >['')l ~ N S > m O m v m m z H D C - W m V u7 a r r L m O a m F � b O � b m N O b m J V b O O m 0 N O P U ID pN �PJ1 ObOi� j U N 7 O O O O N m A m y N N N N L N P A D N P d N O O m J P b y I -• N W m t- O N O m W n N 0 �' W P N Vi l m N N N N N N N N N N N D P P V m O W b 00 P m -• P i0 P N J N D b W m P n m O O m P W O P P O N n n m O N P A b V N W 7 S Y- U O P N m m W N • W N A W N N � -• � N -• � N� -• N -• � � -• N N m 6 6 6 n n n N N N N N m d W O b ry p ry n O n • •I 1 1 1 m 1 1 I 1 1 1 O 1 1 I U V F b U - Ul --• � m .- A U -• m !f w - < 1 1 l N 1 N -• O O - O O m O O n - p n m < N N N N N N P N Q N N P u n n m - N N N N N N N N N < W N 8 0 o s n m � — m � N S y O 11 n O m- � N S N i \ \ \ \ S\ C N N N N N N y -C t O O N \ N 3 0 l C rt l N o n O < 1 1 1 1 1 m C 1 \ S m 1 Z y ' T m W W O b J m D P m J P m y O O 0 m l l � N P > r IA A m p< pT D r C Z A O T - lE A > Z r m- J m P c ! T b m � r m C 3 C m r m - m m O ( >['')l ~ N S > m O m v m m z H D C - W m V RESOLUTION 43 , 1987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ENDORSING THE EFFORTS OF "CITIZENS FOR SEVEN COUNTY COMMISSIONERS ", TO ESTABLISH A REFERENDUM ELECTION AS EARLY AS LEGALLY POSSIBLE, TO AMEND THE PALM BEACH COUNTY CHARTER TO PROVIDE FOR THE ELECTION OF SEVEN (7) COUNTY COMMISSIONERS, FIVE (5) OF WHOM SHALL BE ELECTED BY THE ELECTORS OF THE DISTRICT FROM WHICH THEY RUN FOR OFFICE, AND TWO (2) OF WHOM SHALL BE ELECTED BY THE ELECTORS OF THE COUNTY AT LARGE; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of Palm Beach Gardens, is of the opinion that a seven (7) person County Commission can better serve the electors of the County by preventing the adoption of laws and the conduct of business by two (2) members when a minimum quorum of three (3) members are present, as can presently be done; Commissioners will become more responsive to the needs of their respective District, with sufficient balance of the two (2) Commissioners elected at large to protect the interest of the electors throughout the County; and, that such proposed seven (7) member Board will aid in the prevention of political power bases now existing in areas of the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, wholeheartedly endorses the efforts of the "Citizens for Seven County Commissioners ", to establish a referendum election whereat the Electors of Palm Beach County may vote to amend the Palm Beach County Charter to provide for a seven (7) member County Commission whereby five (5) commissioners would be elected by the Electors of the District from which they run for office; and, two (2) of whom would be elected by the Electors of the County at Large. Further, the City Council supports and urges the adopting of the proposed Charter Amendment. Section 2. The City Clerk shall furnish certified copies of this Resolution to those persons as the Mayor shall direct. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE ,21`%4 DAY OF MAY, 1987. 11AYOR ATTEST: 621,0A KOSIER, DEPU Y CITY CLERK